Hello..I spent the last two days doing research on any simillar cases as mine, but I am still a little bit confused about how I should do my taxes for this year. Any help will be greatly appreciated!!
1)I am a F1 student and I haven't been in the state more than 5 years.
2)I worked from May 2008 to Dec 2008 in my OPT period.
3)My company already refunded my Social Security and Medicare Tax.
4)I filed 1040NR for 2007 taxes.
5)I got married to a U.S. citizen in Aug 2008.
My question are:
1)Did I automatically become Resident since I got married to a U.S. citizen? Can I still choose to file my tax as a Non-resident for 2008?
2)If I file the taxes with my husband as married jointly, am I still exempt from Social Security and Medicare Tax?
I saw some answers on the internet saying the change of residency will not affect the exemption of Social Security and Medicare Taxes because of the following two reference:
http://www.irs.gov/businesses/small/international/article/0,,id=129427,00.html
http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html
But when I read more detail I noticed there is a 'Limitations on exemption' saying:
The exemption does not apply to nonimmigrants in F-1,J-1,M-1, or Q-1/Q-2 status who become resident aliens for tax purposes.
Link: http://www.irs.gov/businesses/small/international/article/0,,id=131635,00.html
So I got confused and wonder if I can get exemption or not......thanks for any help in advance!!
F1 on OPT Married to a US citizen, how to file 2008 Taxes?
From my experience my husband was on a F1 Student Visa.
When we filed our first tax return together I opted to treat him as a US Citizen for TAX PURPOSES. Which meant that we filed on a regular Form 1040, and he was no longer eligible for the Social security and medicare tax exemption. He was taxed just like every other US citizen, and the money paid for social security and medicare taxes stayed with the government.
Even though he was treated as such for tax purposes, he was not automatically a resident, we had to apply through the INS/BCIS to get him Permanent Resident standing/ a 'greencard'.
In that first year, we could have filed Married Filing Separate. I would have filed a 1040, and he would have filed a 1040NR.
It has been more than a few years since my situation, so I would strongly suggest finding a local tax preparer who specializes in NonResident returns, and discuss the situation with them.
Shannon C.
